IN THE MATTER OF EVELYN ASARE AND SHIFA PLASTIC CO. (GH) LTD. [2012]DLNLC6241

Date	2012-02-08
Suit No.
Citation No.	[2012]DLNLC6241

[2012]DLNLC6241
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">IN THE MATTER OF EVELYN ASARE<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">SHIFA PLASTIC CO. (GH) LTD.<o:p></o:p>[NLC]NLC/C-112/010/2012/49&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 8TH FEBRUARY, 2012.<div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

</div>FOR: THE COMMISSION<o:p></o:p>OPANIN OBENG-FOSU (MEMBER, NLC) <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

</div>FACTS:<o:p></o:p>EVELYN ASARE hereinafter
called "the Petitioner" filed a petition against SHIFA PLASTIC CO.
(GH) LTD. hereinafter called "the Respondent" for wrongful
termination of her employment.<o:p></o:p>The facts in the petition were
that the Petitioner was employed as Packer with effect from 22nd September,
2001, and that on 8th February, 2010, she reported to work and was told by the
Security Officer that management had instructed him not to allow her to enter
the premises.<o:p></o:p>The Petitioner said later the Human Resource Manager (HRM)
approached her and gave her termination letter accusing her for insulting him
(HR) and also for refusing to discharge her duty but she disputed the
allegations. The Petitioner is seeking reliefs of compensation for wrongful
termination and salary arrears for January, 2010.<o:p></o:p>The Respondent in its reply to the Petition stated among others as
follows:<o:p></o:p>That Petitioner went contrary
to the rules and regulations of the company thereby leading to her termination
from the company.<o:p></o:p>That she displayed to management an insulting behavior which is
one of the rules and regulations in their Collective Agreement that warrant
dismissal with no warning letters and notices.<o:p></o:p>According to the Respondent, the Petitioner was paid her salary up
to the date of 8th February, 2010, when she was terminated but she refused to
collect it.<o:p></o:p>COMMISSION'S
FACILITATION<o:p></o:p>The Commission invited the Respondent and the complainant for a
meeting on 14th April 2010. The meeting was attended by the Petitioner herself
and the HRM, Luan Xzaobo.<o:p></o:p>The meeting was adjourned to 28th April, 2010, to enable the
Managing Director and the witness for the Respondent to attend, however the
Respondent failed to attend. Parties were invited to appear on 19th May, 2010
but the Respondent failed to appear. The Respondent was subpoenaed to appear on
30th June, 2010, but failed to appear.<o:p></o:p>Parties were invited again for a meeting on 21st February, 29th
March, and 9th June, 2011, and in all cases the Petitioner appeared but the
Respondent failed to appear and no notice was served on the Commission by the
Respondent why it was unable to appear.<o:p></o:p>In view of the Respondent's failure to appear, the Petitioner was
heard on 9th June, 2011.<o:p></o:p>During the hearing, the Petitioner submitted among others:<o:p></o:p>That her supervisor told her that one Reuben told him (supervisor)
that their production was low so if they don't do the number of cartons they
were supposed to do, they would be given warning letters;<o:p></o:p>That three days later
management brought a warning letter and asked them to sign but when it got to
her turn she told them she doesn't understand the warning letter.<o:p></o:p>That she was told that if she
would not sign the letter she should walk out and she walked out. Petitioner
further submitted that those who refus</main>